United States District Court, Northern District of Illinois, E.D
July 8, 1952
ROHLFING ET AL.
CAT'S PAW RUBBER CO., INC. ET AL.
The opinion of the court was delivered by: LA Buy, District Judge.
The defendants have moved to strike portions of the Second
Amended Complaint filed April 10, 1952, on the ground that the
separate counts of the complaint join all of the defendants and
do not specify those defendants who may have sold to plaintiff at
It is urged by defendants that the case of Kainz v.
Anheuser-Busch, 194 F.2d 737, decided by the Circuit Court of
Appeals for the Seventh Circuit on February 14, 1952, is not
applicable since there was only one seller defendant whereas the
present complaint joins a number of parties defendant on charges
of conspiracy to violate the anti-trust laws of the United
States. Nevertheless this court has previously held that "the
injury of plaintiffs may stem from violations of one or more of
the anti-trust statutes by one or more of the defendants" and
required no separation of these violations into separate counts.
As the Court of Appeals said in the Kainz case, "this conclusion
does not deprive the defendants of remedies provided by the rules
looking to the disclosure of further information by plaintiffs
when and if there is occasion for such relief." [194 F.2d 744.]
The same rule as applied to the several plaintiffs in the Kainz
case is applicable here as to the defendants regarding their
The court is therefore of the opinion the motion to strike
should be overruled and an order has this day been entered in
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